CWP-1339-2023

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH

(123)

CWP-1339-2023

Date of decision: - 23.01.2023

Kulwinder Singh and another

....Petitioners

Versus

Financial Commissioner (Appeals) and others

.....Respondents

CORAM : HON'BLE MR. JUSTICE VIKAS BAHL

Present:-

Mr. Vikas Mehsempuri, Advocate,

for the petitioners.

Mr. Ferry Sofat, Additional Advocate General, Punjab

for respondents No.1 and 2.

****

VIKAS BAHL, J. (ORAL)

This writ petition has been filed under Articles 226/227 of

the Constitution of India for issuance of writ in the nature of certiorari for

quashing the order dated 25.08.2022 (Annexure P-17) passed by the

Financial Commissioner (Appeals), Punjab, Chandigarh-respondent No.1

vide which the revision petition filed by the petitioners i.e., ROR no. 619

of 2018 in which the challenge was to the order dated 13.04.2010

(Annexure P-10); order dated 04.03.2010/10.03.2010 (Annexure P-9) and

order dated 23.02.2010 (Annexure P-8) passed by respondent No.2,

whereby the sanad takseem, Naksha Irri and Naksha Arra had been

prepared, was dismissed. A further prayer has been made in the writ

NARESH KUMAR

2023.01.28 15:13

I attest to the accuracy and

authenticity of this

order/judgement

CWP-1339-2023

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petition for directing respondent no.2 to decide the partition application

afresh by impleading the petitioners in the sanad takseem with respect to

Khasra nos. 216 (8-5), 217(6-5) and 218 (6-5).

2.

Brief facts of the present case are that on 22.12.2005,

respondents No.3 to 5, namely, Harjinder Singh, Hardit Singh and

Bhagwant Singh, had filed an application under Section 111 of the Punjab

Land Revenue Act (for short 'the Act') for partition of the land at village

Dharamkot, Tehsil and District Patiala. Total land measuring 320 bighas

17 biswas as per the jamabandi for the year 2001-2002 was the subject

matter of the said partition application. The petitioners who were not the

co-sharers on the date of the filing of the application were not parties in

the said partition application dated 22.12.2005 (Annexure P-1 Pg 37 of

the paperbook). Ajmer Singh-respondent no.6, who is the predecessor-in-

interest of the petitioners, was respondent no. 9 in the said partition

application. On 23.10.2009 (Annexure P-7), the mode of partition was

prepared. Ultimately, the partition proceedings culminated with the

issuance of sanad takseem/instrument of partition dated 13.04.2010

(Annexure P-10) and the rights of the co-sharers crystallized. As per the

case set up by the petitioners, they had purchased land measuring 20

bighas 15 biswas from aforesaid Ajmer Singh-respondent No.6, vide

registered sale deed dated 01.01.2018 (Annexure P-2). It is further the

case of the petitioners, as is apparent from Para 4 of the Writ Petition, that

the said Ajmer Singh, predecessor-in-interest of the petitioners, had filed

a suit for declaration challenging the Order dated 10.03.2010 and Order

dated 13.04.2010 (sanad takseem) and the said suit was dismissed. It has

NARESH KUMAR

2023.01.28 15:13

I attest to the accuracy and

authenticity of this

order/judgement

CWP-1339-2023

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further been averred that, when respondent no. 4 and 5 were trying to get

possession of the land then, the petitioners filed a Civil Suit bearing

No.1629 of 2018 against Hardit Singh, Bhagwant Singh (who are

respondents No.4 and 5 in the present petition) and Inder Moudgil, for

permanent injunction restraining the defendants therein,from

dispossessing the plaintiffs from the land comprising Khewat No.1/1,

Khatoni No.16, Khasra No.216 (8-5), 217 (6-5), 218 (6-5), total

measuring 20 bigha 15 biswa, situated at village Dharmkot, Tehsil and

District Patiala, as per jamabandi for the year 2011-2012. In the said civil

suit, initially, vide order dated 23.05.2018, ex parte ad interim injunction

was granted in favour of the petitioners. The said suit had been dismissed,

as has been aver